On May 4, 2011 the Judge in the Civil Case ordered Neil Evans to get local counsel within 14 days in accordance the local rules in the Northern District of Texas. Thus, I was expecting Evans to file something by the 18th (yesterday). To add insult to injury, Mr. Evans filed a motion (“Extension Motion”) today (one day late) requesting a week extension to get local counsel. In the Extension Motion Evans states, “I have diligently sought local counsel for the past several weeks. However, several attorneys who I have previously contacted for this purpose have simply been, unexpectedly, non-responsive.” This is too funny. This feels like déjà vu from the Criminal Case days. Dave and Tom tried everything under the sun to get multiple continuances of deadlines and trial dates. Hopefully the Judge in the Civil Case doesn’t put up with this crap!
The attorneys Evans has contacted in Texas probably do not want to get involved in helping convicted felons defraud more people. Two of the four defendants were just found guilty of defrauding the Federal Government! What attorney in their right mind would take this case without a HUGE retainer?!?! Furthermore any attorney that looks at the facts of the Civil Case will tell you that the Defendants don’t stand a chance. There is a mountain of evidence that proves they have been defrauding investors for almost thirty years with this snake oil scam. The jury felt the same way about the Criminal Case. For goodness sake, the Government had 43,000 pages of discovery on Dave and Tom!
I will keep everyone posted on the Plaintiff’s and Judge’s response to the Extension Motion.
-ESS Investor
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